Documents › Board Of Trustees, 2026-09-30

resolution 5 pages

Also attached to this agenda item: 9-16-26 Memo on LL Intro 16 of 2026 CAF - Local Law Intro 16 of 2026 CannabisMemo Local Law Intro 9 of 2026 Cannabis Moratorium Local Law Introductory No. 16 of 2026 Cannabis - DRAFT Memo on LL Intro 16 of 2026 Resolution 119-2026 LL Intro 9 of 2026 Adoption Resolution 232-2026 LL Intro 16 of 2026 Referrals Short EAF Part 1 - Local Law Intro 16 of 2026

4911-7120-8147, v. 1 VILLAGE OF CROTON-ON-HUDSON BOARD OF TRUSTEES LOCAL LAW INTRODUCTORY NO. 16 OF 2026 A LOCAL LAW TO AMEND VARIOUS PROVISIONS OF CHAPTER 230 “ZONING” OF THE CROTON-ON-HUDSON VILLAGE CODE TO PROVIDE CLARIFICATION FOR LAND USE APPLICATIONS IN CONNECTION WITH LICENSED ADULT USE CANNABIS DISPENSARIES A LOCAL LAW to amend the text of Chapter 230 “Zoning” to provide clarification and streamline review of land use applications to better serve the public. BE IT ENACTED by the Board of Trustees of the Village of Croton-on-Hudson as follows: Section One. Legislative Intent and Purpose. To better serve the public’s interest, the Village Board of Trustees of the Village of Croton-on-Hudson proposes text amendments to the Village Code zoning provisions for the purpose of providing clarification for land use applications concerning licensed adult use cannabis dispensaries. Section Two. Article II, “Definitions” Section 230-4 of the Code of the Village of Croton-on-Hudson, “Terms defined” is hereby amended as follows, with new matter underlined and deleted matter struck through and in [brackets]: § 230-4. Terms defined. As used in this chapter, the following terms shall have the meanings indicated: ADULT-USE CANNABIS RETAIL DISPENSARY – An establishment for the acquisition, sale, and delivery of cannabis to consumers in compliance with an Adult-Use Retail Dispensary License duly issued by the New York State Cannabis Control Board (CCB). An adult-use cannabis retail dispensary shall not include consumption of cannabis on-site, irrespective of the issuance of an adult-use on-site consumption license by the CCB. Where permitted under CCB licensure, an adult-use retail dispensary also may sell paraphernalia, equipment and supplies intended to assist in the consumption of cannabis. [CANNABIS SHOP — A retail outlet selling or distributing any cannabis product, the sale of which requires a license under the provisions of Chapter 7-A, Cannabis, of the Consolidated Laws of the State of New York.] PUBLIC YOUTH FACILITY- A location or structure owned by a government or government subdivision or agency, that is accessible to the public, where the primary purpose is to provide recreational opportunities or services to children or adolescents of whom the primary population is reasonably expected to be seventeen (17) years of age or younger. VAPE OR TOBACCO SHOP — A person, establishment or business, whether retail or wholesale, having more than a 50% portion of its sales or stock-in-trade in [A retail outlet ] selling or distributing primarily any electronic cigarette or vapor products or tobacco products, including but not limited to electronic cigarettes; vape pens; dissolvable liquids; vaporizing liquids, oils or gels; mods; atomizers; vape tanks; coilheads; cigars and cigarettes or other tobacco products. Generally, the advertisement, window display, or reference to the availability 4911-7120-8147, v. 1 of such paraphernalia in signage, television, print or on-line media shall be prima facie evidence of the intent to engage in a significant trade exceeding the threshold to be classified as a vape and tobacco paraphernalia shop. Section Three. Article VII, “Supplementary Regulations” Section 230-48.6, “Adult-use cannabis retail dispensary”, of the Code of the Village of Croton-on-Hudson is hereby amended as follows, with new matter underlined and deleted matter struck through and in [brackets]: 1) General standards applicable to all adult-use cannabis retail dispensaries. a) The cannabis retail dispensary shall only dispense approved cannabis products in accordance with the applicable laws and regulations of New York State and the Cannabis Control Board. b) The view of cannabis plants, products, accessories, and associated paraphernalia shall not be permitted from a public sidewalk, public street, right-of-way, or any other public vantage point. On-site storage of cannabis products shall comply with applicable federal, state and local laws and regulations. c) The cannabis retail dispensary shall provide for secure disposal of cannabis remnants or by-products; such remnants or by-products shall not be placed within the business’ exterior refuse containers. d) The cannabis retail dispensary shall be ventilated so that the odor of the cannabis cannot be detected by a person with a normal sense of smell at the exterior of the business or at any adjacent use or property. e) Location. [1] No cannabis retail dispensary shall be located within the State-prescribed distance regulations from a public or private school grounds as defined in the New York State Education Law, serving students through the 12th grade, or house of worship. [2] No cannabis retail dispensary shall be located within 500 feet from a public youth facility. [3] No cannabis retail dispensary shall be located within 1,000 feet of another cannabis retail dispensary. f) On-site consumption [1] In accordance with Chapter 99 Cannabis, there shall be no on-site consumption of cannabis within the building or in outdoor areas, including the parking lot of the adult-use cannabis retail dispensary. [2] No on-site consumption of food, beverages or other products by patrons shall be permitted at a dispensary. g) Screening. The Planning Board may require screening from neighboring properties if the board deems screening is necessary and appropriate to minimize impacts due to the location of the entrance, parking area, or operations of the adult-use cannabis retail dispensary. h) Hours. In accordance with 9 NYCRR Part 119 the hours of operation of an adult- use cannabis retail dispensary may not be restricted to less than 70 hours per week. 4911-7120-8147, v. 1 No adult-use retail cannabis dispensary shall operate before 10:00 a.m. or after 8:00 p.m. Monday-Sunday. i) Grand opening plan. A grand opening plan may be requested by the Planning Board. j) Parking. The application shall meet the parking requirements of Attachment C, Area and Bulk Schedule, and Article VI of this chapter. k) Vehicles and Traffic. [1] A plan for queuing of waiting customers based upon an estimate of peak demand may be requested by the Planning Board. [2] A traffic impact report including potential traffic generation based upon the anticipated maximum demand may be requested by the Planning Board. 2) Additional application information required of all adult-use cannabis retail dispensaries. a) A narrative providing information about the type and scale of all activities that will take place on the premises, including but not limited to on-site sales, on-site deliveries, and other programs or activities. b) The proposed hours of operation. c) A copy of the security plan submitted by the applicant to the New York State Cannabis Control Board and Office of Cannabis Management, as well as a narrative description of the security installations, including security during closed hours. The applicant shall provide the name, phone number and e-mail address of a contact person to notify regarding suspicious activities during or after operating hours. Section Four. Attachment B to Chapter 230 of the Code of the Village of Croton-on-Hudson, “Schedule of Uses” is hereby amended as follows, with new matter underlined: District/ Code Section Special Permit Uses O-1/§230-15 1. Special uses permitted in RA-60 districts 2. Adult Use Cannabis Dispensary, north end gateway only §230-20.2 (3), see Attachment E, subject to the requirements in Section 230-48.6 C-1/§230-16 6. Adult Use Cannabis Dispensary, north end gateway only §230-20.2 (3), see Attachment E, subject to the requirements in Section 230-48.6 C-1R(A)/§230-16.1 1. Special permit uses permitted in C-1 districts 2. Adult Use Cannabis Dispensary, subject to the requirements in Section 230-48.6 C-2/§230-17 13. Adult Use Cannabis Dispensary, outside Gateway Overlay Zone, see Attachment E, subject to the requirements in Section 230-48.6 LI22/§230-18 8. Adult Use Cannabis Dispensary, subject to the requirements in Section 230-48.6 4911-7120-8147, v. 1 Section Five. Section 230-20.3 of the Code of the Village of Croton-on-Hudson, “Use regulations for Gateway areas” is hereby amended as follows, with new matter underlined: B. Special permit uses. The uses permitted in the Gateway District areas by special permit shall be the following: (1) Unless otherwise specified in this chapter, all special permit uses permitted in the underlying zoning district (subject to the underlying districts' requirements and criteria) shall be permitted in the Gateway District areas by special permit of the Planning Board. (2) Farmers markets, green markets or garden centers by special permit of the Planning Board, subject to the requirements and criteria set forth in Article X of this chapter. (3) Adult Use Cannabis Dispensaries, subject to the requirements and criteria set forth in Article X of this chapter and the restrictions set forth in Section 230-48.6 and Attachment B “Schedule of Uses”. Section Six. Section 230-15 of the Code of the Village of Croton-on-Hudson, “Limited Office O-1 and O-2 Districts” is hereby amended as follows, with new matter underlined: A. Limited Office O-1 District. In a Limited Office O-1 District, no building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following: (4) Adult Use Cannabis Dispensaries, subject to the issuance of a special permit by the Planning Board and the requirements set forth in Section 230-48.6 and Attachment B “Schedule of Uses”. Section Seven. Section 230-16 of the Code of the Village of Croton-on-Hudson, “Central Commercial C-1 District” is hereby amended as follows, with new matter underlined: B. Special permit uses. Subject to the issuance of a special permit by the Planning Board, the following uses: (6) Adult Use Cannabis Dispensaries, subject to the requirements in Section 230-48.6 and Attachment B “Schedule of Uses”. Section Eight. Section 230-16.1 of the Code of the Village of Croton-on-Hudson, “Riverside Commercial C-1R (A) District” is hereby amended as follows, with new matter underlined: B. Special permit uses. Subject to the issuance of a special permit by the Planning Board, the following uses: (2) Adult Use Cannabis Dispensaries, subject to the requirements in Section 230-48.6 4911-7120-8147, v. 1 Section Nine. Section 230-17 of the Code of the Village of Croton-on-Hudson, “General Commercial C-2 District” is hereby amended as follows, with new matter underlined: B. Special permit uses. Subject to the issuance of a special permit by the Planning Board, the following uses: (12) Adult Use Cannabis Dispensaries subject to the requirements in Section 230-48.6 and Attachment B “Schedule of Uses”. Section Ten. Section 230-18 of the Code of the Village of Croton-on-Hudson, “Light Industrial LI District” is hereby amended as follows, with new matter underlined: C. Special permit uses. Subject to the issuance of a special permit by the Planning Board, the following uses: (12) Adult Use Cannabis Dispensaries, subject to the requirements in Section 230-48.6 Section Eleven. Except as otherwise provided herein, all other provisions of the Croton-on-Hudson Village Code shall remain the same. Section Twelve. Severability If any section, subsection, clause, phrase or other portion of this Local Law is, for any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion. Such declaration shall not affect the validity of the remaining portions hereof, which other portions shall continue in full force and effect. Section Thirteen. Effective Date This local law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law and shall be published and posted as required by law, including NYS Village Law §7-706 applicable to zoning text amendments.